Florida Marijuana Distribution License

Does Florida Require a License to Distribute Marijuana and Marijuana Products?

Business establishments interested in transporting and distributing marijuana and marijuana products in the State of Florida are required to obtain a Medical Marijuana Treatment Center license according to Florida Statutes Section 381.986 (8)(a)(1). The Florida Department of Health, Office of Medical Marijuana Use (OMMU) is responsible for issuing this license and regulating its licensure. A Medical Marijuana Treatment Center license authorizes a registered Medical Marijuana Treatment Center to engage in different marijuana business activities. These business activities include distributing, transporting, manufacturing, cultivating, and dispensing medical cannabis, low-THC cannabis, and cannabis delivery devices. The OMMU does not issue any license solely for marijuana distribution and transportation; instead, it issues the Medical Marijuana Treatment Center license, an unrestricted license that covers marijuana distribution, among other marijuana business activities.

What Distribution Activities are Covered by Florida Marijuana Distribution License?

A licensed Medical Marijuana Treatment Center that engages in marijuana distribution in Florida can transport medical cannabis, low-THC cannabis, and cannabis delivery devices to qualified patients, medical marijuana treatment centers, or marijuana testing laboratories. However, a medical marijuana treatment center is not permitted to distribute marijuana to or make a wholesale purchase of marijuana from another medical marijuana treatment center. This activity may only be permitted if the medical marijuana treatment center that seeks to make a wholesale purchase of marijuana presents proof of harvest failure to the Florida Department of Health, Office of Medical Marijuana Use. In addition, a licensed Medical Marijuana Treatment Center that distributes marijuana can contract with a single entity to transport marijuana and marijuana delivery devices. Medical marijuana treatment centers can also offer storage services.

While transporting medical cannabis, low-THC cannabis, and cannabis delivery devices, a medical marijuana treatment center must ensure the safe transportation of these marijuana items to the recipients. To do this, a medical marijuana treatment center must:

• Make available a marijuana transportation manifest in the vehicle transporting the marijuana. This marijuana transportation manifest must be generated from the medical marijuana treatment center’s seed-to-sale tracking system. It must include the:

  • Date of departure and expected time of departure.
  • Arrival date and estimated time of arrival.
  • Name, license number, and location address of the originating medical marijuana treatment center.
  • Name and physical address of the delivery's recipient.
  • Quantity and form of the marijuana or marijuana delivery device being transported.
  • The license plate number, make, and model of the delivery vehicle.
  • Name and signature of the medical marijuana treatment center staff delivering the product.

  A distributor must provide a copy of the marijuana transportation manifest to each individual, marijuana testing laboratory, or medical marijuana treatment center that receives the delivery. The recipient or a representative of the laboratory or center must sign a copy of the marijuana transportation manifest acknowledging receipt. In addition, a marijuana distributor must present a copy of the applicable marijuana transportation manifest and their employee identification card to a law enforcement officer upon request. Marijuana testing laboratories and medical marijuana treatment centers are required to retain copies of all marijuana transportation manifests for at least three years.

• Ensure only vehicles in good working conditions are used to transport marijuana.

• Provide special safety and security training to employees who transport or deliver marijuana and marijuana delivery devices.

• Secure marijuana and marijuana delivery devices in a discrete compartment or container within the vehicle.

• Make available at least two persons in a vehicle transporting marijuana or marijuana delivery devices, and require that there is at least one person in the vehicle while the marijuana or marijuana delivery device is being transported.

• Require employees to always have their employee identification card with them at all times when transporting marijuana or marijuana delivery devices.

Does Florida Offer Transport-Only Distributor License?

The Florida Department of Health, Office of Medical Marijuana Use does not offer an official transport-only license that allows the holder to move only the marijuana they cultivate or manufacture. However, a licensed Medical Marijuana Treatment Center can distribute the marijuana they cultivate or manufacture without obtaining an additional license.

How to Get Marijuana Distribution License in Florida

Business establishments seeking to engage in the distribution of medical marijuana in Florida will be required to apply to the Department of Health, Office of Medical Marijuana Use (OMMU) to obtain Medical Marijuana Treatment Center licenses. The OMMU is responsible for issuing Medical Marijuana Treatment Center licenses in Florida. To facilitate the process of applying for this license, the department has provided a document titled Application for Medical Marijuana Treatment Center Registration. It shows the process involved in applying for a Medical Marijuana Treatment Center license. It is divided into three parts, including:

Part I

This is the first stage of the application, and it requires the applicant to provide the OMMU with basic information about themselves and the application. The following information about the applicant should be provided here:

• Name (The name must not be different from the name registered with the state)
• Department of Agriculture Certificate Address, including street address, city, and ZIP code
• Mailing Address, including street address, city, and ZIP code (if different)
• Contact Name
• Email Address
• Phone Number

The applicant will also be required to provide the Medical Director’s:

• Name

• Mailing Address, including street address, city, and ZIP code

• Florida MD or DO License Number

• Email Address Phone Number

  In addition, there is some other information and documentation that an applicant is required to provide in Part I of the application. They include:

• An authorized copy of a valid certificate of registration that the Department of Agriculture and Consumer Services uses pursuant to Section 581.131, Florida Statutes.

• Certified documentation from the Florida Department of Revenue or Florida Department of State, applicable under the law, indicating that the applicant has been registered to do business in Florida for a minimum of five consecutive years before the present time.

• A list of all owners, board members, managers, and officers indicating the date of each individual's most recent level-2 background screening. The list should include each party’s name and their respective positions or proposed positions in the proposed MMTC.

  Other information required in this part can be found on page 5 of the Application for Medical Marijuana Treatment Center Registration.

  Part II

Part II is made up of 16 sections, and an applicant is required to provide the OMMU with accurate items to demonstrate the ability to run an MMTC as specified in the table below:

An applicant can find comprehensive instructions for completing Part II of the application on pages 2-3 of the Application for Medical Marijuana Treatment Center Registration. When compiling the required information and documentation for the application, the applicant is required to properly organize the application for an MMTC registration. In doing this, the applicant should correctly label each document submitted with the section number of the application to which it corresponds. The page limits for each section must be strictly complied with, as pages that exceed the page limit will be discarded from the application before evaluation.

Applicants can find instructions concerning the required information for Part II on pages 6-13 of the Application for Medical Marijuana Treatment Center Registration.

Part III

Upon the completion of the application form and the compilation of the required documentation, the applicant may hand-deliver them together with the applicant’s signature page, and the required application fee to:

Florida Department of Health

4052 Bald Cypress Way,

Tallahassee, Florida 32399

The Florida Department of Health, OMMU only receives applications submitted during regular business hours, but not before 10:00 a.m., Eastern Time on the first day that the Department of Health begins to receive applications. On the day the department closes applications, applicants must not submit their applications later than 5:00 p.m., Eastern Time. If an application is submitted after 5:00 p.m. Eastern Time on the last day of the application, it will be denied.

It is mandatory that applicants submit their completed applications and supporting documents on a thumb drive. Applications submitted in hard copy form will be denied. If an applicant has any items for which they claim public records exemption, they will be required to provide a list of such items and a precise legal citation to each exemption. An applicant may also provide a full proposed redacted version of the application.

Furthermore, other requirements an applicant applying for an MMTC licensure must demonstrate are:

• That all owners, board members, officers, and managers have passed the required background screening

• That the entity can maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or illegal access to or acquisition of these substances

• The technical and technological ability to cultivate and manufacture marijuana and marijuana products like low-THC cannabis

• The capacity to secure the premises, resources, and personnel required to operate as a medical marijuana treatment center

• A premises located in a good location within the state to dispense marijuana to registered qualified patients regionally or across the state as determined by the department

• A diversity plan that assures the participation of minority persons and minority business enterprises, as established in section 288.703, or veteran business enterprises, as defined in section 295.187, in employment, ownership, and management. An applicant must show the potency of the diversity plan by incorporating the following in their application for renewal:

  • A record of contracts for services with veteran business enterprises and minority business enterprises
  • Representation of minority persons and veterans in the workforce of the medical marijuana treatment center
  • Efforts to employ minority persons and veterans

• The financial power to continue operating for the two-year approval cycle. Certified financial statements must also be provided to the department.

  • If the department approves an application for licensure, the applicant will be required to post a $5 million performance bond issued by an approved surety insurance company. As a criteria, the company must be rated in one of the three highest rating categories by a nationally recognized rating service. On the other hand, a medical marijuana treatment center that serves not less than 1,000 qualified patients is only expected to maintain a $2 million performance bond.
  • To substitute the performance bond, the applicant may give cash to the department or present an irrevocable letter of credit payable to the department. Where cash is provided, the department will deposit the cash in the Grants and Donations Trust Fund under the Florida Department of Health. The cash shall be subject to the same conditions as the bond regarding requirements for the applicant to forfeit ownership of the funds. If the cash deposited under this sub-subparagraph generates interest, the department will use the amount generated for the administration of this section.

How Much Does Marijuana Distribution License Cost in Florida?

An applicant for a medical marijuana treatment center license must pay a non-refundable application fee of $60,830 when submitting an application. The fee should be made payable to the “Florida Department of Health” in the form of a cashier's check or money order. A licensed marijuana treatment center must renew their license biennially at least 30 days, but not exceeding 60 days before the license expires. A licensed marijuana treatment center seeking to renew their license must complete the Application and Instructions for MMTC License Renewal and submit it together with the biennial renewal fees to:

Physical Address:

Florida Department of Health

Office of the General Counsel

ATTN: Agency Clerk

2585 Merchants Row Boulevard, Suite 110

Tallahassee, Florida 32399

Mailing Address:

Florida Department of Health

Office of the General Counsel

ATTN: Agency Clerk

4052 Bald Cypress Way, Bin A-02

Tallahassee, Florida 32399

For questions regarding application renewal and fees, contact the OMMU at OMMULicenseOperation@flhealth.gov. The OMMU mostly responds to emails within 48 hours during normal business hours.

Can Licensed Marijuana Distributors Also Get Other Cannabis Licenses in Florida?

The marijuana treatment center license is the only marijuana license required to distribute, cultivate, manufacture, process, and dispense marijuana. Hence, MMTCs that distribute marijuana do not need any other licenses.